Bahrain: ARTICLE 19 Condemns the Targeting of Human Rights Activists and Calls for the Reform of Laws Aimed at Silencing Dissenting Voices
On 26 January 2009, three prominent Bahraini human rights activists Mr Hasan Mushaima, Secretary General of the Movement of Civil Liberties and Democracy (HAQ); Mr Mohamed Habib Al-Muqdad, a scholar and social activist; and Dr Abdul-Jalil Alsingace, Head of Human Rights Unit at HAQ, were arrested. Following almost nine hours of interrogation, Mr Mushaima and Mr Al-Muqdad were held in custody for further interrogation, while Dr Alsingace was released on bail and officially banned from travel out of Bahrain. The Public Prosecutor declared that he would take the necessary measures to pursue cases against them in the courts and prosecute them on charges related to the national security of Bahrain.All three activists are heavily involved in promoting human rights in Bahrain and in documenting cases of abuse. During the interrogation they were questioned about their human rights activism including publishing electronic articles and conducting speeches, seminars and presentations about human right abuses in Bahrain. They were also questioned about their involvement in HAQ, an unregistered grassroots organisation that campaigns for genuine democratic reforms, human rights and civil liberties. The activists were charged of “forming an organisation, outside the provisions of the law, which disrupts the Constitution or prevents any of the State enterprises or public authorities from exercising their duty”, “provoking hatred of the regime” and “inciting violence and the overthrow of the political system”.The first charge is referenced in Article 6 of Bahrain’s anti-terrorism law (Protecting Society from Terror Acts no. 58 of 2006) which states that those who establish an illegal organisation likely to disrupt the Constitution and laws, or prevent any State apparatus from performing its duties, are punishable by life imprisonment. The other two charges are based on the Bahrain Penal Code; promoting the overthrow of the regime by force punishable by five years imprisonment (Article 160) as well as instigating hatred against the regime, punishable by imprisonment of up to three years as per Article 165. The three activists deny all these allegations and consider their arrest and the charges to be politically motivated. In addition to recent interrogation, Dr Abdul-Jalil Alsingace, a prominent Bahrani blogger and critic of the Bahraini regime, has also been subject to a defamation media campaign, lead by state guided media and aimed at human rights defenders. This was following his participation in a debate on religious freedom in Bahrain in the US Congress in October, 2008. “The apparent arrest of three human rights activists for legitimate and peaceful human rights activities is highly deplorable. It is an attempt to silence opposition voices and signals further deterioration for freedom of Expression in Bahrain. ARTICLE 19 is deeply concerned about articles in the Bahraini Penal Code and anti terrorism legislation that are used to deprive Bahrainis of the right to freedom of expression and calls for urgent legal reform” said Dr. Agnès Callamard, Executive Director of ARTICLE 19.ARTICLE 19 urges the Bahraini authorities to reverse this alarming trend of harassment against human rights activists. We call upon the Bahraini authorities to immediately release Mr. Hassan Mushaima and Mr. Mohammed Habib Almuqdad, withdraw all the charges related to their legitimate and peaceful activities and lift the travel ban against Dr. Abdul-Jalil Alsingace.ARTICLE 19 reminds the authorities that Bahrain acceded to the International Covenant on Civil and Political Rights in 2006 and calls upon the government of Bahrain to reform those provisions in the Penal Code and anti-terrorism legislation that flagrantly violate Bahrain’s international human rights commitments on freedom of expression.
FURTHER INFORMATION: • For more information: please contact Hoda Rouhana, Programme Officer for Middle East and North Africa, hoda@article19.org,+44 20 7278 9292
Showing posts with label ARTICLE 19. Show all posts
Showing posts with label ARTICLE 19. Show all posts
Tuesday, February 10, 2009
Thursday, January 22, 2009
United Kingdom: Submission on Libel Law Reform
19 January 2009
United Kingdom: Submission on Libel Law Reform
ARTICLE 19 has provided a Submission to the Inquiry into press standards, privacy and libel being undertaken by the Culture, Media and Sport Committee of the UK Parliament. The Committee is looking into possible reform of the UK’s libel and privacy laws. The ARTICLE 19 Submission identifies problems in four key areas, namely jurisdiction over cases, standards of liability, damages and costs.
The Culture, Media and Sport Committee announced on 18 November 2008 that it was conducting an inquiry into press standards, privacy and libel, and calling for submissions. Among other things, the Committee is looking at the relationship between press reporting and the UK libel laws and the impact of conditional fee arrangements (no-win no-fee arrangements with lawyers) on press freedom.The ARTICLE 19 Submission highlights a number of key issues in relation to UK libel law, with a particular focus on the impact of these laws on advocacy NGOs. Among other things, the Submission recommends:
To prevent the UK from remaining a ‘libel tourism’ destination, rules should be put in place so that UK courts may only consider defamation cases where there is a substantial connection between the statements in question and the UK.
Defamation defendants should benefit from a more generous ‘reasonable publication’ defence, in line with the practice in many other democracies.
More stringent limitations should be placed on defamation damage awards and more emphasis should be given in this context to non-pecuniary remedies.
Conditional fee arrangements in defamation cases should either be prohibited altogether or subjected to stringent conditions.
ARTICLE 19 calls on the UK Parliament to take the necessary steps to give effect to these recommendations.
NOTES TO EDITORS:
• The Submission is available in English at: http://www.article19.org/pdfs/submissions/submission-to-the-inquiry-into-press-standards-privacy-and-libel-by-the-cult.pdf• For more information, please contact Toby Mendel, Senior Legal Counsel, a19law@hfx.eastlink.ca, +1 902 431-3688.
United Kingdom: Submission on Libel Law Reform
ARTICLE 19 has provided a Submission to the Inquiry into press standards, privacy and libel being undertaken by the Culture, Media and Sport Committee of the UK Parliament. The Committee is looking into possible reform of the UK’s libel and privacy laws. The ARTICLE 19 Submission identifies problems in four key areas, namely jurisdiction over cases, standards of liability, damages and costs.
The Culture, Media and Sport Committee announced on 18 November 2008 that it was conducting an inquiry into press standards, privacy and libel, and calling for submissions. Among other things, the Committee is looking at the relationship between press reporting and the UK libel laws and the impact of conditional fee arrangements (no-win no-fee arrangements with lawyers) on press freedom.The ARTICLE 19 Submission highlights a number of key issues in relation to UK libel law, with a particular focus on the impact of these laws on advocacy NGOs. Among other things, the Submission recommends:
To prevent the UK from remaining a ‘libel tourism’ destination, rules should be put in place so that UK courts may only consider defamation cases where there is a substantial connection between the statements in question and the UK.
Defamation defendants should benefit from a more generous ‘reasonable publication’ defence, in line with the practice in many other democracies.
More stringent limitations should be placed on defamation damage awards and more emphasis should be given in this context to non-pecuniary remedies.
Conditional fee arrangements in defamation cases should either be prohibited altogether or subjected to stringent conditions.
ARTICLE 19 calls on the UK Parliament to take the necessary steps to give effect to these recommendations.
NOTES TO EDITORS:
• The Submission is available in English at: http://www.article19.org/pdfs/submissions/submission-to-the-inquiry-into-press-standards-privacy-and-libel-by-the-cult.pdf• For more information, please contact Toby Mendel, Senior Legal Counsel, a19law@hfx.eastlink.ca, +1 902 431-3688.
Thursday, January 8, 2009
ARTICLE19 IS FOR YOUR FREEDOM
The Universal Declaration of Human Rights
(Human Rights Day 10 December 60th Anniversary of the Universal Declaration of Human Rights)
Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights
. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
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